If You Purchased Solodyn® and/or Its Generic Equivalent You Could Get Money from a Class Action Lawsuit Settlement

A proposed $23 million settlement has been reached in a class action lawsuit involving the antibiotic drug Solodyn®. The lawsuit claims that Medicis Pharmaceutical Corp., Impax Laboratories, Inc., Lupin Limited, Lupin Pharmaceuticals Inc., and Sandoz Inc. (the "Defendants") violated state competition (i.e. antitrust and consumer protection) and unjust enrichment laws by agreeing not to compete with each other and keeping lower-cost generic versions of Solodyn® off the market. The Defendants deny this. No one is claiming that Solodyn® is unsafe or ineffective.

What does the settlement provide?

To settle the lawsuit, Medicis Pharmaceutical Corp. has agreed to pay $23 million into a Settlement Fund to settle all claims in the lawsuit brought on behalf of consumers and health insurers known as third-party payors.

Class Counsel will ask the Court to award attorneys' fees in an amount not to exceed one-third of the Settlement Fund, plus interest, litigation expenses and incentive payments to the Class Representatives.   After these deductions, the remainder of the Settlement Fund will be distributed pro rata to Class Members who file a valid claim form. The amount of money you are eligible to receive will depend on how much you (and other consumers) paid for Solodyn® or generic versions of Solodyn®.

Who is included?

Generally, you are included in the Classes if you purchased, paid and/or provided reimbursement for some or all of 45mg, 55mg, 65mg, 80mg, 90mg, 105mg, 115mg, and/or 135mg Solodyn® and/or its generic equivalent prescription in AL, AK, AZ, AR, CA, FL, HI, ID, IL, IA, KS, LA, ME, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OK, OR, RI, SD, TN, UT, VT, WA, WV, WI, WY, DC and PR, in tablet form, from July 23, 2009 through February 25, 2018, inclusive. Certain third-party payors are also members of the Classes.

You are NOT a member of the Classes if: you paid a "flat co-payment" for all of your prescription drug purchases regardless of whether they are brand or generic; you are one of the Defendants or an officer, director, manager, employee, subsidiary, or affiliate of any Defendant(s); you purchased only directly from Defendants or for resale purposes; you purchased or received Solodyn® or its generic equivalent only through a Medicaid program; you are a Pharmacy Benefit Manager, or you are the judge in this lawsuit or a member of the judge's immediate family.

How do I get a payment?

You must submit a Claim Form by July 31, 2018 to be eligible for a payment. The Claim Form, and instruction on how to submit it, are available at www.SolodynCase.com or by calling 1-800-332-7414.

What are my other rights?

If you are a Class Member, you may comment on or object to the proposed Settlement. 

The Court will hold a hearing tentatively set for 2:00 p.m. on July 11, 2018, to consider whether the Settlement and all of the terms are fair, reasonable, and adequate. These deadlines may be amended by Court Order, so check the litigation website noted below.

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